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PUPILLAGE QUALIFICATIONS AND ADMISSION REQUIREMENTS

1.1 What amounts to pupillage?

Section 2(1) of the Sabah Advocates’ Ordinance 1976:
- ‘Master’ refers to an advocate who has been lawfully practising in Sabah for a period of not less than seven years immediately prior to taking in a pupil;
- ‘Pupil’ refers to a person having the qualifications set out in subsection 4(1) serving under a master prior to his admission as an advocate under this Ordinance;

Section 4(1A)(a): The period for pupillage is not less than twelve months.

Section 4(1C): A person may serve different parts of his period of pupillage with different advocates who have been practising in some part of Malaysia for a period of not less than seven years immediately prior to the person becoming his pupil.

1.2 Who specifically can undergo pupillage in Sabah? What are the qualifications for law students who wish to be admitted to the Sabah Bar?

Section 4(1) of the Advocates’ Ordinance: No person shall be admitted as an advocate unless –

(a) he is a member of the Bar of England, Scotland, Northern Ireland or the Republic of Ireland; or

(c) he is a solicitor of the Supreme Court in England, Northern Ireland or the Republic of Ireland or a Solicitor in Scotland; or

(ca) he has been conferred any of the degrees specified in the First Schedule; or

Bachelor of Laws by the University of Malaya
Bachelor of Laws (Honours) by the Universiti Kebangsaan Malaysia
Advanced Diploma in Law by the Institut Teknologi Mara Malaysia
Bachelor of Laws (Honours) by the Institut Teknologi Mara Malaysia
Bachelor of Laws (Honours) by the Universiti Teknologi Mara Malaysia
Bachelor of Laws by the International Islamic University, Malaysia
Bachelor of Laws by the National University of Singapore
Bachelor of Laws (Honours) by the Universiti Utara Malaysia
Bachelor of Laws (Honours) by the Multimedia University
Bachelor of Laws (Hons) by Universiti Sultan Zainal Abidin

(cb) he has been awarded a Certificate of Legal Practice by the Qualifying Board established under the Legal Profession Act 1976 [Act 166]; or

(d) he has been admitted to practise as a legal practitioner (by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the Commonwealth.

This is to be read together with Section 4(1D) of the Act.

Section 4(1D): A person must possess either one of the qualifications mentioned in subsection (1) prior to his becoming a pupil or prior to the commencement of his reading in the chambers of the State Attorney-General, or of an advocate who has been lawfully practising in some part of Malaysia for a period of not less than seven years immediately prior to the person becoming his pupil or commencing to read in chambers.

Section 4(1E): Notwithstanding subsection (1D), a person may serve his pupillage or commence his reading in chambers if he has passed the final examinations for the degree or possessed other qualification mentioned in subsection (1) which makes him qualified for admission as an advocate but before the degree or other qualification has been conferred on him.

Section 4(2): A person having any of the qualifications mentioned in subsections (1) and (1A) shall be eligible to be admitted as an advocate if he satisfies the Chief Judge that
- (a) at the date of his application he is not disbarred, struck off (other than on his own application), suspended or in any other manner disentitled to practise as an advocate or legal practitioner, by whatsoever name and style designated, in any territory within the Commonwealth and is not subject to any present or pending disciplinary proceedings in connection with his practise as an advocate or legal practitioner and has not been convicted in and is not subject to any pending or present criminal proceedings involving dishonesty in any territory within the Commonwealth;
- (b) he is not an undischarged bankrupt or the subject of any bankruptcy proceedings within the Commonwealth; and
- (c) he has Sabah connections.

The advocate-candidate must ensure that Section 4(2) of the Advocates’ Ordinance is complied with before being admitted as advocate.

1.3 What does it mean by Sabah connections?

Pursuant to Sections 2(2) and 4(2)(c) of the Advocates’ Ordinance.

Section 2(2): A person shall be deemed to have Sabah connections for the purposes of this Ordinance if, and only if, he is a Malaysian citizen or permanent resident who:

(a) has been born in Sabah or the Federal Territory of Labuan;

(b) has been ordinarily resident in Sabah for a continuous period of five years or more; or

(c) satisfies the Chief Judge that he is, at the time when the question whether he has Sabah connections is relevant, domiciled in Sabah

1.4 How long is the period of pupillage in Sabah? (period of pupillage differs in West Malaysia and Sabah)

Take note that if a Sabah law student undergoes pupillage in West Malaysia and gets called to the High Court of Malaya, and he/she subsequently returns to Sabah and intends to undergo pupillage there as well, he/she may be exempted by the Chief Judge from the normal period of 12 months (Section 4(1)(1B)) of pupillage and the period may be shortened according to the Chief Judge’s discretion (refer to the Advocates Ordinance 1976)

Section 4(1B) The Chief Judge may, in his sole discretion, exempt a person from the whole or part of any period of pupillage or reading in chambers, upon application made to him supported by satisfactory evidence that-
- (a) there are special circumstances justifying the exemption;
- (b) the applicant has for a period of not less than six months been a pupil, or read in the chambers, of a legal practitioner in active private practice, in any territory within the Commonwealth, of not less than seven years' standing; or
- (c) the applicant has satisfactorily completed a post-graduate course of instruction in law organised by any institution that would render him eligible to be admitted to practise as a legal practitioner (by whatever name called) in any territory within the Commonwealth.

Unless exempted, the pupillage period shall be for a period of not less than twelve (12) months.

However, pursuant to Section 4(1A)(b) of the Advocates’ Ordinance, if the pupil has obtained a certificate from the University of Malaya or the National University of Singapore that he has satisfactorily completed a post-graduate course of instruction in law organised by the University, his pupillage shall be for a period of not less than six (6) months.

Part or full exemption on pupillage period
- As a guideline, pupils who are already admitted to the following Bars may apply for exemption, which may be granted on a case-by-case basis at the Chief Judge of Sabah and Sarawak’s absolute discretion, from the whole or part of the pupillage or reading in chambers period:
  - (a) those admitted to the Malayan Bar may apply for exemption of up to six (6) months;
  - (b) graduates from Australia and New Zealand who have been admitted to the respective Australia and New Zealand Bars and have completed post graduate course of instruction in law may apply for exemption of up to three (3) months depending on the period of practical attachment undergone by them;
  - (c) those admitted to the England, Northern Ireland, Scotland or Republic of Ireland Bars and those who are Solicitors in England, Northern Ireland, Scotland or Republic of Ireland Solicitors may apply for whole or partial exemption, if they possess post working experience after being admitted to the respective Inns of Court / Solicitors' Society

Application for part or full exemption on pupillage period
- A pupil intending to apply for part or full exemption of the pupillage period may do so by way of an Originating Summons
- The applications shall be made immediately upon commencement of pupillage
- Copies of all certificates and testimonials to be used as exhibits in the application must be certified as true copies. No advocate from the legal firm in which the pupil undergoes his pupillage may certify true copy of the exhibits nor can the advocate representing the pupil for the application do so.

1.5 Application to be admitted as an advocate

Section 5(1) of the Advocates’ Ordinance: Any person eligible to be admitted to be an advocate may by petition verified by his own affidavit apply to the Chief Judge to be so admitted, and shall annex to such application –
- (a) proof of his qualifications and of his eligibility under subsection 4(2); and
- (b) two recent testimonials as to his good character.
(2) A copy of the application and of the documents in support thereof shall be delivered to the State Attorney-General who, and the Law Society which, shall be entitled to be heard on any such application.

Section 6: If the Chief Judge is satisfied that –
- (a) an applicant under Section 5 is eligible under Section 4 to be admitted as an advocate; and
- (b) that he is in all respects a fit and proper person to be so admitted,

he shall by order direct that upon payment of the prescribed fee the Registrar shall cause the name of the applicant to be entered on the roll.

Before being admitted as advocates, all advocate-candidates must attend and pass the interview held by the High Court of Sabah and Sarawak at Kota Kinabalu. At least seven (7) days before the interview, the advocate-candidate must file in the Court his curriculum vitae. (See Practise Direction No.1/2015 dated 24.02.2015 issued by the Registrar of the High Court in Sabah and Sarawak)

Compulsory programs during pupillage
- The following programs are mandatory for pupils to undertake before being admitted as advocates, regardless of whether the exemption period for pupillage is granted partially or completely:
  - (a) Complete and pass the Etiquette, Practise and Professional Standard Course organised by the Sabah Law Society;
  - (b) Attend the Legal Aid Clinic Sessions held by the Sabah Law Society at least six (6) times;
  - (c) Assist in the Duty Counsel/Yayasan Bantuan Guaman Kebangsaan Scheme held in the Kota Kinabalu, Tawau or Sandakan Magistrates’ Courts at least twelve (12) times; and
  - (d) Complete and pass the Advocacy Training Course organised by the Borneo Advocacy Training Centre

After successful completion of the programs mentioned, certificates will be issued by the Sabah Law Society to the pupils

Testimonials of good character
- As required under Section 5(1) of the Advocates’ Ordinance, the advocate-candidate shall exhibit two (2) recent testimonials as to his good character in his application for admission.
- Testimonials do not necessarily have to be given by advocates. They can be given by persons with some standing in society such as school teachers, doctors, engineers etc.
- If testimonials are given by an advocate, he must be at least of five (5) years standing, and he cannot be from the same legal firm in which the pupil underwent his pupillage.
- The persons giving testimonials must know the advocate-candidate personally for more than one (1) year, and the persons must not be related to the advocate-candidate.

Long call: Application for admission as advocate
- The application for admission as an advocate under Sections 4(2) and 5(1) of the Advocates’ Ordinance shall be made by way of Petition.
- The application can only be made after the pupils had completed their pupillage period under Section 4(1A) or, as exempted partly or wholly under Section 4(1B).
- All advocate-candidates must ensure that the application for admission contains exhibits of all certificates and testimonials, certified as true copy, to support the application. No advocate from the legal firm in which the pupil undergoes his pupillage may certify true copy of the exhibits nor can the advocate representing the pupil for the application do so.
- The Petition shall be duly served to the Sabah Law Society and the State Attorney-General.

The roll of advocates
- Section 7(1) of the Advocates’ Ordinance: The Registrar shall keep a roll of advocates with the dates of their respective admission.
- Section 7(2): The name, with the date of admission, of every person admitted shall be entered upon the roll in the order of admission.
- Section 7(3): When an order is made under Section 6 and on payment of the prescribed fee by the applicant, the Registrar shall cause to be entered upon the roll the name of the applicant and the date of his admission and the applicant shall thereupon become and be styled an advocate and shall continue to be an advocate so long as his name remains on the roll.
- Under Sections 6 and 7 of the Advocates’ Ordinance, the name of the newly admitted advocate shall, upon payment of the prescribed fee, be entered on the roll of advocates kept by the Registrar, wherein recorded:
  - (a) the name of the newly admitted advocate; and
  - (b) the date of his admission

Annual certificate and practising certificate
- The newly admitted advocate shall not practise as advocate or appear in Court as advocate upon immediately being admitted unless he has obtained the Annual Certificate issued by the Sabah Law Society and the Practising Certificate issued by the High Court for that calendar year
- There are requirements for the newly admitted advocate to be fulfilled in applying for the Certificate:
- (a) The advocate must practise in the legal firm registered with the Sabah Law Society; and
- (b) The advocate must not be gainfully employed other than as an advocate
- Thus, it is not allowed for any advocate:
  - (a) to have or work in more than one (1) registered firm at one time;
  - (b) to have another practising certificate for that calendar year from any other jurisdiction, whilst he practises as an advocate under the Advocates’ Ordinance;
  - (c) to have other remunerated employment whilst practising as an advocate